Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-06-24
APPLICATION FOR PATENT.

~ 80 - AoNo OuCb DHDn nlQn with A
iteeister and Receiver they become n Ihe
.ne record, and can neither be Withdraw
returned, but must be transmitted To tbs nor
ersl Land Once. ING Ten
Al application will be rejected when tina
scriptlon OF the premises is erroneons 40
sufficient. eous or
application for patent will be rejected h..
flrst me notice was published without ~.
knowledge OF the Register. the
Second-The notice was not nub,,.h.
claim. restthe
T~hird-Record title was founa
and ooaecuVe,
Fourth--A previous application h.s
made for the same premises, which ws ueen
drawn pending q suit in Court Commerce. W.
the adverse claimant. Dy
An application for patent will be raiao,..
when the survey does not accurately deana ~.
boundaries OF the claim. Ao'a
Where the claim was not located in scoo,d.
ance with law. HV
Where several parties W separate and A..
tnct Portions OF q claim, application for
of the claim owned by him: but whera so.a.ai
parties own undivided interests In : m,nina
claim al should join in an application sor
patent. "
A person or association NAV np,cb.sa..
many placer locations as the local AM adnuA
and embrace them all in one application fors
patent.
Two or more lodes cannot be embraced :,
one apphcation for q patent except for placer
their boundaries ~
Papers sworn 10 before any person purport.
ing TO act as q deputy for the Register and ne.
ceiyer cannot be recorded rs evidences.
In all patents for mining claims situstsa
within the interior boundaries Of a ,owu ~
o clsuse Is inserted Excepting and exclndins
all town property, rights upon the snrsscs
and all houses, buildings, structures, lots
blocks, streets, alleys or other municipal I'M
provements not belonging to the grantee hsra
In. and all rights necessary or proper 10 tha
occupation, possession and enjoyment Of ths
same"
Publication of notice muat be made n onlv
one newspaper for the period OF so DAYS
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers go days must elapse between M
frat and last insertions.
Where the Registerdesignstes the Tally Issue
of q newspaper for publication Of notices Of
mining application for patent 1t is not q com.
pliance with law TO change to the weekly edi.
tion OF the same paper without authority Of
the Register.
The existence o. a salt spring on a trac. Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of guch land is not allowed. Land
containing valuable deposits Of slate may DO
entered under the mining Acts.
ADNEhsk CLAIMS.
Adverse claimants must file a separate and
distinct claim against each application which
IT IL alleged conflicts with the premises owned
by such adverse claimant.
TIL papers in an adverse claim, once fled,
cannot be Withdrawn. but becomesa parto the
record.
When an adverse claim has been fled II can.
not be amended 30 as to embrace a larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse clsim must be made out ia
proper form aud filed in the proper local cfice
during the period OF publication Of the applt
cation for the patent TO be effective.
II is the duty OF the adverse claimant o
commence suit in proper form within the re-
quired time, aud If he trusts the unceftsn
medium of the United States mail be must
abide the consequences, should the aslg
ensue, through misfortune or accident. Should
the failure to IN suit be the result Of
the corruptor dishonest sctiono Of his s~ttsrney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In De-
tail the facts upon which he bases his adverse
claim. A statement In general terms, enbody-
ing conclusions of law, without stating the
facts specially, will not be considered In ei'
dence.
An adverse claimant should show q compl.
Ance with the local laws in recording his claim
and in regard TO expenditures, and shall ME :
copy of the original notice of his location, and
shOW VIC AhthiO ok AtShh va sN
alleged.
An allegation of parties to q suit that they
compose the company IL sufficient, and ths5
are not required to prove that they are ths
original ~locstors or the identical parties VINO
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. If any value, for sgri.
cultural purposes, but is essential TO the
proper development Of mining claims, II
l ahauld ha dtQnoaa1 0f undpr the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will BIO Cancelled At any uiae
prior to issuance OF patent, upon satisfactory
evidence of the existence of such valuable Dc
posits. -.
Where valuable deposits of mineral are DIS
covered upon a tract after the same ias oeen
entered as agricultural, but before ] 3sent hs
been iesued, the parties claiming the Nine
may make application for patent for same,
and the agricultural entry will be canceied
that portion OF the land embraced py ssu
mining claim.
Where mineral deposits arc discovered on
agricultural lands after the patent has Deen
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot DO
ceived in payment for claims.
A foreigner may make q mining location
dispose OF 1t. provided he becomes o ei.ae.
before disposing Of the mine. Proof thss h ~
party was not q citizen before disposlngo IA -"
claim must be afirmativeiy shown. .ho,
Locators and intermediate owners w.
than applicants, will not be presumed hnonr,
a In the absence Of allegation or ~objection P'N'
to issuance OF patent. % an
The portion of q mining claim sou n
alien cannot be patented while sucn OWL.
an alien; but on his declarationi Q sehsse,
citizen HIS right dates back to be Sistes
. sud he may thereupon secure Uhie'
. patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 1885: ,.,.,aect
Where two or more lodges cross VI and
each other, priority OF title shall gown ii ore
such prior location shall be entitled ,nter.
or mineral contsined within the spacrha,ihsve
section. but the subsequent location ~ inter.
the right of way through the spacouanient
section for the purpose OF the n ~ nors
working Of the mine. And where twvw sbsll
veins unite the oldest or prior loeauJ1n in.
take the vein below the point OF "
GLIDING all the space of intersecuop'
UNNFLs
There is no authority OF law Ior locstion
location 5000 by ], 800 feet. A proper
il the width Of the tunnel for 5000 ieei. ting
There Is no provision OF law Ior pr in RIM.
tunnel locations, but lodes discovers amer
ming a tunnel may be patented III iAV